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(영문) 울산지방법원 2014.09.24 2013가단35985

사해행위취소

Text

1. On August 2, 2012, the Defendant and Nonparty B concluded on August 2, 2012 with respect to 2/9 shares of the real estate listed in the separate sheet.

Reasons

1. Determination as to the cause of claim

A. B took out loans from the Ulsan Franc credit union (hereinafter “B”) on February 15, 2001 to KRW 15 million under joint and several guarantee of C and D (hereinafter “the instant loans”).

On April 14, 2006, the bankruptcy trustee of the bankrupt case filed a lawsuit against B against B against the claim for loans of this case, and on January 14, 2006, the Ulsan District Court Decision 2005No162602 decided that “B shall pay to the bankruptcy trustee the amount of KRW 15 million and interest calculated at the rate of 60% per annum from January 1, 2002 to the date of full payment.”

On September 23, 2013, the Bankruptcy Trustee E transferred the claim for the instant loan to the Plaintiff, and notified it to B around that time.

As of September 23, 2013, the balance of principal and interest of this case as of September 23, 2013 is KRW 118,597,310 (principal KRW 14,973,372 + interest or delay damages + KRW 103,623,938).

B. The real estate listed in the separate sheet (hereinafter “the instant real estate”) was owned by F. As F (hereinafter “the Deceased”) died on August 2, 2012, the Defendant, who was his wife, jointly inherited the instant real estate in proportion to 2/9 inheritance shares, B, G, and H, respectively.

B, etc. on August 2, 2012, the Defendant entered into an agreement on the division of inherited property with the Defendant to solely own the instant real estate (hereinafter “instant agreement on division of inherited property”). On September 12, 2012, the Defendant completed the registration of transfer of ownership based on the instant real estate in its name (hereinafter “instant registration of transfer of ownership”).

C. At the time of conclusion of the agreement on non-conforming of the inherited property of this case, B was in excess of its obligation, and there was no particular property other than the inheritance shares in the instant real property.

[Based on recognition] Unsatisfy, Gap 1-10 evidence (including virtual numbers), the result of the order of submission of taxation information to the head of Ulsan Tax Office to the Minister of Land, Infrastructure and Transport.